Focus turns to Kibaki as JSC recommends Baraza probe

The Judicial Service Commission (JSC) has recommended the suspension of Deputy Chief Justice Nancy Baraza (pictured) following a confrontation between her and a security guard at the Village Market shopping mall in Nairobi.

Consequently, the commission will petition the President to appoint a tribunal to investigate her conduct with a view to suspending the Supreme Court Judge from the judiciary.

The commission said on Friday that after lengthy deliberations, evaluation of witness testimonies and other material evidence, it had concluded that Ms Baraza was wholly responsible for the altercation between her and Ms Rebecca Kerubo at Village Market mall on New Year’s Eve.

 “Pursuant to Article 168 (4), JSC will send a petition to the President with a view to suspending Nancy Baraza as a judge of the Supreme Court and DCJ and to appoint a tribunal to investigate her conduct,” said Chief Justice Willy Mutunga. Mr Mutunga said her deputy was afforded an opportunity to testify before the sub-committee but reiterated that the hearing was not a criminal trial.

“The standard of proof as per Article 168 and the judicial code of ethics is not the same as for criminal proceedings. It is not beyond reasonable doubt,” said the Chief Justice in a press statement.

He said the report by the sub-committee was based on the inquiry on the incident pursuant to the JSC’s own motion to investigate an issue that may have risen as it relates to the conduct of the Deputy Chief Justice.

Director of Public Prosecutions Keriako Tobiko has said there isn’t enough evidence to prosecute Ms Baraza on gun charges.

Tobiko said the case put together by the police had gaps, inconsistencies and contradictions, and gave them more time to report back to him with a comprehensive report to establish whether a conviction can be sustained.

Mr Tobiko said that crucial witnesses had not recorded statements to corroborate the claims made against Ms Baraza. She is accused of assaulting Ms Kerubo.

The JSC eight-member panel probing Ms Baraza’s conduct was chaired by Rev Samuel Kobia.